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Publicprocurement is like the heartbeat of public spending in most of Africa – by some estimates, it accounts for 17% of the GDP of African Countries. Procurement was long seen as a clerical administrative function, rather than a strategic lever. This was not always the case.
In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in publicprocurement procedures. 114) (‘Directive 2004/18’).
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Can public authorities procure fair trade products, or are they debarred from specifically referring to the fair trade qualities of those products under the publicprocurement directive (directive 2004/18/EC)? This is one of the issues underlying the judgment of the Court in Case C-368/10 Commission v.
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